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Zona Health Payment Plan Terms & Conditions


Thank you for choosing the Zona Health payment plan. We value your business. The following pages will guide you through the acceptance process of the Zona Health payment plan.

Displayed below is important information concerning your relationship with us, including: E-sign Notice, Electronic Funds Transfer Notice, and Retail Installment Sales Agreement and Truth in Lending Disclosure. Please read carefully and acknowledge your agreement by clicking "I have read and agree to the Payment Plan Terms & Conditions" at the checkout page. We recommend that you print a copy of this page for your records.

You must acknowledge the following disclosure statements if you wish to apply for the Zona Health payment plan.

E-sign Notices

Notice of Electronic Disclosures. This notice contains important information about how we will provide you with certain documents we may be required to give to you (disclosures). In order to facilitate your relationship with us online, we will provide you with these disclosures electronically rather than by using paper.

Consent to Electronic Disclosures. By clicking "I have read and agree to the Payment Plan Terms & Conditions" at the checkout page, you agree that Zona Health may provide you with electronic disclosures rather than paper disclosures, and you agree to not circumvent receiving any such disclosures. Applicable law may entitle you to receive paper disclosures if you do not consent. If you wish to withdraw your consent, you must do so by contacting Customer Service, as listed below. However, if you do not provide your consent or if you withdraw your consent, we may not provide you further services online. If you wish to obtain a paper copy of any of the disclosures, even if you have provided consent, please call 1-866-669-9662 to receive paper copies at no charge.

Scope of Consent. Your consent to electronic disclosures covers any transactions between you and us and any disclosures related to those transactions.

Receipt of Information. You will be deemed to have received any electronic disclosure if we display a disclosure on our website under circumstances that reasonably indicate your ability to view the disclosure or if we send a disclosure to the email address listed in your account information. You also agree to inform us promptly of any change in the information needed to contact you electronically. You may update your contact information by contacting us as listed below.

Hardware Requirements. In order to access and retain electronic disclosures from Zona Health, you must have:

  • A personal computer equipped with an Internet web browser that has 128-bit encryption and JavaScript enabled
  • Internet access and a valid email account supported by software to enable you to receive email messages
  • Sufficient electronic storage capacity to store disclosures or a printer capable of printing from your web browser and email software to print disclosures.

QUESTIONS ABOUT THIS AGREEMENT?
You may contact us about this Notice by calling us at 1-866-669-9662.

Acknowledgement and Signature. By clicking "I have read and agree to the Payment Plan Terms & Conditions" you indicate that you have read these terms carefully and that you electronically sign this record to indicate your agreement.

Electronic Funds Transfer Notice

I authorize Zona Health to charge/debit my credit/debit card for a down payment of $79.95 (plus shipping and applicable taxes as shown in the shopping cart) and 4 subsequent monthly installments of $79.95. The down payment will be processed on or about the same day the order is submitted.

Retail Installment Sales Agreement and Truth in Lending Disclosure

You must acknowledge the following disclosure statements if you wish to apply for the Zona Health payment plan by clicking "I have read and agree to the Payment Plan Terms & Conditions" on the checkout page.

ZONA HEALTH RETAIL INSTALLMENT SALE AGREEMENT- SUBJECT TO STATE REGULATION

This document memorializes the agreement (the Agreement) between you and Zona Health concerning your payment for your merchandise. To simplify this Agreement, the following definitions will apply. We, our and us mean Zona Health, your Creditor, and any successors or assignees. You, your and yours mean you, the purchaser. Merchandise means the product or products related to your Account, as described in Description of Your Merchandise. Account means your relationship with us as it relates to your agreement to pay for your merchandise on a periodic basis.

AGREEMENT TO REPAY

You agree to pay the remaining amount you owe (the Amount Financed) according to the Payment Schedule listed in the Federal Truth-in-Lending Disclosures below. If you fail to make a payment when required, we may assess a late charge, as indicated below.

FEDERAL TRUTH-IN-LENDING DISCLOSURES

Annual Percentage Rate: The cost of your credit as a yearly rate. 0%
Finance Charge: The dollar amount the credit will cost you. $0.00
Amount Financed: The amount of credit provided to you on your behalf. $319.80
Total of Payments: The amount you will have paid for your Zona Plus after you have made all of your payments (not including shipping and applicable taxes). $399.75
Total Sale Price: The total cost of your purchase on credit, including down payment. $399.75

Your Payment Schedule Will Be:

Number of Payments: Amount of Each Payment: When Each Payment is Due:
4 $79.80 Monthly, on or about the same day as the original purchase

Late Charge: If any payment is received more than 15 days after the due date, you may be charged up to the lesser of $5 or 8% of the late amount.

Other Terms: Please read this document for additional information about nonpayment and default, the right to accelerate the maturity of the obligation, and prepayment rights.

DESCRIPTION OF YOUR MERCHANDISE

The following Merchandise is included in the Product Price below:

Product Name Qty
1. Zona Plus Hypertension Relief Device 1 $399.75
Total Product Price $399.75

ITEMIZATION OF THE AMOUNT FINANCED

This section shows an itemization of your purchase from us. You only owe the Amount Financed.
1. Total Product Price $399.75
2. Total Purchase Price (Not including shipping or applicable taxes.) $399.75
3. Down Payment (This is the amount you will be charged when you confirm this purchase, plus shipping and applicable taxes.) $79.95
4. Amount Financed (This is equal to item 2 minus item 3.) $319.80

NOTICE TO HOLDERS/ASSIGNEES: THIS CONTRACT ARISES OUT OF A CONSUMER CREDIT SALE AND CONSTITUTES A NONNEGOTIABLE CONSUMER NOTE OR CONSUMER PAPER UNDER STATE LAW. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

TERMS AND CONDITIONS

Payment. For each payment you owe you authorize us to charge your credit card using the account number with which you paid your down payment or such other credit card account number you provide to us. You also authorize us to charge your card at any time to collect any late charges or other costs you owe related to your Account. Furthermore, you agree that we are not obligated to send you a bill or any additional statement of what you owe, except as otherwise required by law. We may accept late or partial payments or any payments marked as being payment in full or bearing any other restrictive endorsement without losing any of our rights. Our acceptance of any such payments does not mean we agree to change this Agreement or your Account in any way. Any check, draft, charge, or electronic payment shall be drawn on a U.S. financial institution and in U.S. dollars.

Default. The following shall constitute a default by you under this Agreement: (1) your failure to make any payment when required by the Payment Schedule above, (2) any other breach by you of any of the terms of the Agreement, or (3) the commencement of any bankruptcy or other insolvency proceedings in which you are a debtor. If you default, we may accelerate your required payments and declare the full balance owing under this Agreement immediately due and payable, as and to the extent permitted by applicable law. If you default, we may forward your Account to a collection agency. We reserve the right to report to a credit bureau. Where allowed or required by applicable law, you agree to pay us any reasonable costs we incur (including attorney's fees if we employ an attorney who is not our employee) to collect any amount you owe related to your Account.

Limited Warranty. Your Zona Health merchandise is covered by a limited warranty set forth in your owner's guide or manual. THE PROVISIONS OF THAT WARRANTY ARE IN LIEU OF ANY OTHER WRITTEN WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZONA HEALTH'S MAXIMUM LIABILITY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCT. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES. You may also have other rights that vary from state to state, so the above limitations or exclusions may not apply to you.

Assignment. We may sell, assign or transfer your Account at any time without notice to you. You may not sell, assign or transfer your Account or any related obligation.

Entire Agreement. This Agreement, combined with any limited warranty contained in your owner's guide or manual and any prior communications you have agreed to use in executing this Agreement, constitutes your entire agreement with us regarding your Account.

Waiver and Modification. Our failure to exercise any of our rights under this Agreement, our delay in enforcing any of our rights, or our waiver of any rights on any occasion shall not constitute a waiver of such rights on any other occasion. Any change to this Agreement must be in writing and authenticated by both parties.

Severability. Except as otherwise provided, if any term of this Agreement is held or determined invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Furthermore, the Arbitration Provision below shall survive: (1) the termination, or changes to, this Agreement or your Account, (2) the bankruptcy of any party, and (3) any transfer, sale or assignment of your Account or any amounts owed on your Account. If any portion of the Arbitration Provision other than the provision that Arbitration proceed on an individual, non-class, and non-representative basis is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If the provision that Arbitration proceed on an individual, non-class, and non-representative basis is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this severability clause) shall be deemed unenforceable.

Applicable Law. This Agreement and your Account is governed by federal law and, to the extent that state law necessarily controls, the law of Idaho, where we are located.

ARBITRATION

THIS CONTRACT PROVIDES THAT ANY DISPUTE BETWEEN YOU AND US MAY BE RESOLVED THROUGH BINDING ARBITRATION, INSTEAD OF THROUGH LITIGATION IN COURT. IF ARBITRATION IS CHOSEN BY YOU OR US, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE IN COURT, THE RIGHT TO A JURY OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION OR SIMILAR PROCEEDING. SOME OTHER RIGHTS AND PROCEDURES AVAILABLE IN COURT ARE NOT AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY WRITING TO US WITHIN 45 DAYS OF RECEIVING THIS AGREEMENT AT ZONA HEALTH, 11770 W PRESIDENT DR, STE H, BOISE, ID 83713 U.S.A.

You agree that either you or we may elect to arbitrate any Claim between you and us.

Definitions. For purposes of this Arbitration Provision, the following definitions apply. Claim means any dispute arising from or relating to your Account and any prior Account, the goods and/or services provided in connection with such Accounts, your relationship with us, and the interpretation, application, scope, or enforceability of this Agreement, this Arbitration Provision, any other document related to your Account, or any portion of such Agreement, Arbitration Provision, or document. Claim includes all such disputes, whether arising in the past, present or future, including any disputes that arise before the opening of your Account and any disputes that arise after your Account is cancelled or suspended. You, your, us, we and our mean those persons included in the meaning of these terms as defined above, and also include any assigns, successors, predecessors, executors, trustees, licensees, corporate parent, wholly or majority owned subsidiaries, affiliates, any purchaser of your Account, and all agents, employees, representatives and directors of any of the foregoing, as well as any other person who is made a named party to a dispute in which one of the foregoing persons is named, and was a participant in any transaction or event that is the subject of the dispute. Administrator means one of the arbitration administrators that will administer the arbitration (collectively, Administrators). One of these Administrators will administer the arbitration of any Claims:

  • National Arbitration Forum
    P.O. Box 50191, Minneapolis, MN 55405
    www.arb-forum.com
  • American Arbitration Association
    335 Madison Avenue, Floor 10, New York, NY 10017-4605
    www.adr.org
  • JAMS
    1920 Main Street, Suite 300, Irvine, CA 92610
    www.jamsadr.com

You may contact any of the Administrators for information about arbitration, possible arbitrators, fee schedules, arbitration rules and procedures, and claim forms. Arbitrator means the person that decides the Claim between you and us.

Claims Subject to Arbitration. All Claims are subject to arbitration to the fullest extent permitted by law, whether based on contract, fraud, agency, negligence or other tort (including intentional torts), statutory or regulatory provisions, or any other legal theory or source of law. All Claims are subject to arbitration whether the remedy they seek is damages, injunctive or declaratory relief, or some other legal or equitable remedy. Claims filed in small claims court are not subject to arbitration, provided such Claims remain in small claims court and proceed on an individual, non-class, and non-representative basis.

Initiation or Election of Arbitration. You or we may elect to have any Claim resolved through binding Arbitration, even if a Claim has been filed in court.

Selection of the Administrator and the Arbitrator. The party that initiates the Claim may select one of the three Administrators named above. You may contact any of the Administrators for information about arbitration, possible arbitrators, fee schedules, arbitration rules and procedures, and claim forms. The arbitrator will be selected mutually by you and us or, if you and we cannot agree on an arbitrator, in accordance with the rules of the chosen Administrator.

Arbitration Proceedings. Unless held by telephone or online, the arbitration hearing will be held in the city of the U.S. District Court closest to your address (as listed above) or any other place agreed upon in writing. The arbitration of all Claims will be conducted on an individual, non-class, and non-representative basis. A single arbitrator shall resolve any Claim. The arbitrator shall have authority only to resolve Claims between named parties to the arbitration proceeding. The arbitrator shall have no authority to make an award to or on behalf of any person other than a named party. Except as otherwise provided by this document, or as otherwise agreed by you and us in writing, the arbitration will be conducted pursuant to the rules of the chosen Administrator. Consistent with applicable statutes of limitation and the Federal Arbitration Act, the arbitrator shall apply applicable substantive law and may award any remedies or damages available under applicable law.

Costs. Whoever files an arbitration must pay the initial filing fee. Other fees and costs imposed by the Administrator must be paid in accordance with the Administrator's applicable rules. However, we will advance any such fees and costs, or reimburse you, if the Administrator determines that there is good cause to require us to do so, or if you ask us in writing and we determine that there is good cause for us to do so. If you have paid any fees or costs imposed by the Administrator and you prevail, we will reimburse you. Any party will be entitled to recover from another party fees and costs imposed by the Administrator, other costs, and attorney fees, to the extent that the law provides for a recovery of such fees and costs in cases decided by a court, but in no event will you be required to reimburse us more than you would have paid if the Claim was decided by a court.

Interpretation. Any question about the scope of this Arbitration Provision shall be resolved by interpreting this provision in the broadest way in which it may be enforced. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § § 1 et seq.

YOUR RIGHT TO CANCEL AND QUESTIONS ABOUT THIS AGREEMENT

Please review this Agreement before you choose to accept the Merchandise or cancel your Account. If you do not agree to these terms, you may cancel this Agreement and your Account any time before your first payment is due and either return your Merchandise for a full refund without obligation or arrange an alternate payment method. We will process your refund within 30 days of cancellation, or sooner where required by applicable law. If you return your Merchandise and it is not in good condition, we have the right to keep your down payment as liquidated damages where permitted by law. You may also choose to repay what you owe at any time without penalty.

If you have questions about your merchandise, your Account, or would like to cancel this Agreement, please contact us by:

  • Calling us at 1-866-669-9662, 8:00 AM - 5:00 PM (M-F) MDT.
  • Writing us at Zona Health, 11770 W President Dr, Ste H, Boise, ID 83713.
Our customer service representatives would be happy to assist you.

NOTICES REQUIRED BY LAW

NOTICE TO THE BUYER: (1) DO NOT SIGN OR ACCEPT THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. (2) YOU ARE ENTITLED TO AN EXACT COPY OF THIS AGREEMENT. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. (3) YOU MAY PREPAY THE FULL AMOUNT DUE AT ANY TIME WITHOUT PENALTY. (4) IF YOU DESIRE TO PREPAY, WE WILL FURNISH THE REMAINING AMOUNT DUE UPON REQUEST. (5) THE SERVICE CHARGE DOES NOT EXCEED 0% PER ANNUM COMPUTED MONTHLY.

Maryland - CONFIRMATION OF ACCOUNT: (1) THE FINANCE CHARGE IS 0%. FINANCE CHARGE RATES WILL NOT EXCEED THOSE PERMITTED BY LAW. (2) YOU MAY PAY THE ENTIRE BALANCE AT ANY TIME WITHOUT INCURRING ANY ADDITIONAL CHARGE FOR PREPAYMENT. (3) YOU HAVE A RIGHT TO AN ANSWER TO A WRITTEN INQUIRY ABOUT THE STATUS OF YOUR ACCOUNT WITHIN 60 DAYS.

Massachusetts - NOTICE TO BUYER: (1) DO NOT SIGN THIS AGREEMENT IF ANY OF THE SPACES INTENDED FOR THE AGREED TERMS TO THE EXTENT OF THEN AVAILABLE INFORMATION ARE LEFT BLANK. (2) YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT AT THE TIME YOU SIGN IT. (3) YOU MAY AT ANY TIME PAY OFF THE FULL UNPAID BALANCE UNDER THIS AGREEMENT.

Ohio - The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law.

Puerto Rico - Una version de este Contrato de Venta a Plazos al Menudeo Zona Health en Espanol esta disponible a peticion del comprador. Llamenos o Escribanos al numero o direccion que aparece arriba bajo el subtitulo "Your Right to Cancel and Questions About This Agreement" (Su Derecho De Cancelacion Y Preguntas Sobre El Presente Contrato).

Zona Health reserves the right to change this form of Retail Installment Sale Agreement at any time without notice.

© 2010 Zona Health